Town of Cary, North Carolina
Rezoning Data Sheet
07-REZ-04 Wrenn Property
Jennifer Currin, Case Manager  

Request  

The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary to change the zoning of approximately 18.732 acres located at 1504 Yates Store Road, north of New Hope Church Road, south of Burrus Hall Circle, and west of Yates Store Road, from Residential 40 (R-40) to Residential 12 Conditional Use (R-12 CU).

The purpose of a rezoning is to evaluate the appropriateness of a proposed land use for the subject parcel(s) of land.  Specific development requirements related to the technical aspects of land development, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during the rezoning process.  However, all of these development issues must be addressed for compliance with existing requirements specified in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted.  All such requirements can be found at http:vic.townofcary.org.

Background Information

The applicant has submitted the following proposed zoning conditions:

1.        The total number of lots will not exceed 38, and

2.        The project will be limited to single family lots and associated amenities

Consistency with the Comprehensive Plan

A. Land Use Plan:  
This subject property is located within the adopted Northwest Area Plan, which calls for low density, single-family residential development at one to three units per acre as the land use for this site.  This rezoning request conforms to the adopted plan  

B. Transportation
Existing Section:  60’ ROW on Yates Store

Future Section:  4-lane median divided 100’ ROW

Road Improvements:  N/A

Sidewalks Requirements: sidewalk required on both sides of Yates Store Rd.

Bicycle Requirements: 14’ wide outside lane required on Yates Store Rd.

Transit Requirements:  None

Traffic Analysis:  Traffic Impact Analysis not required for a density of 2.175 dwellings per acre or less.

C.  Parks & Greenways:  Greenways Map
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan a greenway trail crosses the property along the northern end, running parallel to Panther Creek.  According to the Open Space and Historical Resources Plan (OSHRP) there is a proposed open space corridor (average 400’ total width) around Panther Creek, a portion of which would be located on this property.

D.  Environmental:   
According to the Town of Cary GIS maps, there is a stream buffer in the southeast corner of the property and a stream buffer beginning on the northeast edge of the property to the western edge of the property. Final delineation of any stream will be field verified prior to subdivision approval. The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

E.  Buffers:  
According to Chapter 7 (LDO), the applicant will be required to provide a 20’ Type “B” buffer in accordance with the LDO. The applicant is not requesting any reductions to the buffer requirements at this time.

F.  Streetscape:  
According to Chapter 7.2.4 (LDO), the applicant will be required to provide a minimum 50’ Type “A” buffer along thoroughfares, which includes Yates Store Road.

Consistency with the Land Development Ordinance

The proposed project is in the rezoning stage and therefore preliminary engineering of the site has not been done.  Prior to Subdivision Plan approval, the application will be required to demonstrate consistency with the Land Development Ordinance with respect to specific development requirements, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings.

Existing and Requested Zoning District Comparison:  

Town Council Criteria for Consideration in Reviewing Rezonings and PDD’s:

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that Council should consider in reviewing rezonings:

1.      The proposed rezoning corrects an error or meets the challenge of some changing condition, trend or fact;

2.      The proposed rezoning is consistent with the Comprehensive Plan set forth in Section 1.3 (LDO);

3.      The Town and other service providers will be able to provide sufficient public safety, educational, recreational, transportation and utility facilities and services to the subject property while maintaining sufficient levels of service to existing development;

4.      The proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation;

5.      The proposed rezoning will not have significant adverse impacts on property in the vicinity of the subject tract; 

6.      The proposed zoning classification is suitable for the subject property;

7.      The PDD designation is necessary to address a unique situation or represents a substantial benefit to the Town, compared to what could have been accomplished through strict application of otherwise applicable zoning district standards; and

8.      The request complies with the standards and intent of a PDD, as outlined is Section 4.2.3 (LDO).

Other Reference Information

Schools

The school information is being provided for your review; however, the Wake County Board of Education controls capital projects for school capacities.

* Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2006-2007 as supplied by the Wake County Public School System.  School assignment will be determined at the time of development.

** The Projected Number of Additional Students is only a rough approximation.  The actual number of students will vary depending on several variables, such as dwelling unit type, number of bedrooms, dwelling size, and other factors. The basis for making this calculation is based on multipliers provide from Wake County Schools Office of Student Assignment.  At rezoning, student yield can not be accurately determined due to unknown variables.

*** Wake County does not provide multipliers for individual grades. The projected range for additional high school students is for both Panther Creek and Green Hope High Schools.

Applicant’s Justification Statement Submitted (February 22, 2007)

The following statements are provided by the applicant in response to the criteria established in the application and does not necessarily represent the views or opinions of the Town of Cary.  Any statements as to the type, quality or physical features are at the direction of the applicant and may be formulated into a condition):

1. Any issues with the size of the tract? N/A

2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?  The request is compatible with the Comprehensive Plan (falls within the Northwest Area Plan).  The request of a maximum of 38 single-family lots produces a density of less than 2.0 DU/AC, which is below the threshold of 3DU/AC for Low Density Residential (LDR) on the Future Land Use Map.  The proposed land use is identical to those that exist directly adjacent to the east. This project will provide needed connectivity from Yates Store Road to the development (Cary Park) to the east. There are schools within the area sufficient to serve this development.  Buffer areas have been identified and will be preserved, and this site is near proposed Town of Cary greenway and park areas. 

3. What are the benefits and detriments to the owner, neighbors and the community? This proposal will provide development consistent with the surrounding land uses, as well as provide connectivity with adjacent properties. 

4. How are the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently present on adjacent tracts?

Residential uses currently exist in this area. The area proposed for rezoning is adjacent to land zoned and developed with the same lot sizes. 

5. PDD (new or amended): What reductions/amendments and/or modifications to the development standards of the LDO are being requested and how are they justified? Applicants must list these items and/or clearly highlight them with the Planned Development document.

(PDD, new or amended) Applicants must list these items and/or clearly highlight them within the Planned Development document. N/A
 

Ordinance for Consideration

07-REZ-04 Wrenn Property Conditional Use Rezoning

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 18.732 ACRES LOCATED AT 1504 YATES STORE ROAD OWNED BY DAVID A. & DEANA C. WRENN FROM RESIDENTIAL 40 (R-40) TO RESIDENTIAL 12 CONDITIONAL USE (R-12 CU).

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:

Section 1:  The Official Zoning Map is hereby amended by rezoning the area described as follows:  

Section 2:  That this Property is rezoned from Residential 40 (R-40) to Residential 12 Conditional Use (R-12 CU) subject to the individualized development conditions set forth herein, and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, polices and guidelines.

Section 3:  The conditions mutually approved by the Town and the applicant for promoting public health, safety and the general welfare are:  The total number of lots will not exceed 38 and the project will be limited to single family lots and associated amenities.  These conditions address conformance of the development and use of the property to ordinances and officially adopted plans and address impacts reasonably expected to be generated by the development and use of the Property.

Section 4:  This ordinance shall be effective on the date of adoption.